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Arkansas Last Will and Testament

Arkansas requires 2 witnesses (not a notary) for a will and recognizes holographic wills. Free template, self-proving affidavit info, attorney review.

Introduction

A last will and testament is a legal document that states who receives your property after you die and names the executor, also called a personal representative, who will manage and distribute your estate; it can also name a guardian for your minor children. In Arkansas, a will other than a holographic one must be signed by the testator and by at least two witnesses (Ark. Code Ann. Section 28-25-103). Arkansas uses a purging rule for an interested witness: a witness who is also a beneficiary does not invalidate the will, but forfeits the part of their gift that exceeds what they would have received without a will, unless two other disinterested witnesses also sign (Ark. Code Ann. Section 28-25-102). Arkansas recognizes a self-proving affidavit, called an affidavit of attesting witness, which a witness signs before a notary or other officer authorized to administer oaths (Ark. Code Ann. Section 28-25-106); the will itself does not need a notary. Arkansas also recognizes holographic, meaning handwritten and unwitnessed, wills if the entire will and signature are in the testator's own hand (Ark. Code Ann. Section 28-25-104). You must be at least 18 and of sound mind to make a will (Ark. Code Ann. Section 28-25-101). Attorney review is available as an option.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property when you die and names the executor (personal representative) who will manage and distribute your estate; it can also name a guardian for minor children.

  2. 2

    Arkansas requires the signatures of the testator and at least two witnesses for a will other than a holographic one (Ark. Code Ann. Section 28-25-103).

  3. 3

    An interested witness, meaning one who is also a beneficiary, does not void an Arkansas will, but under the state's purging rule that witness forfeits the part of their gift that exceeds what they would have received had you died without a will, unless two other disinterested witnesses also attest (Ark. Code Ann. Section 28-25-102).

  4. 4

    Arkansas recognizes a self-proving affidavit called an affidavit of attesting witness (Ark. Code Ann. Section 28-25-106). An attesting witness signs it before a notary or other officer authorized to administer oaths, and it lets the will be admitted to probate without live witness testimony.

  5. 5

    Arkansas recognizes holographic (handwritten, unwitnessed) wills. The entire body of the will and the signature must be in the testator's own handwriting; no attesting witnesses are required at signing, but at least three credible disinterested witnesses to the handwriting must testify to establish the will in probate (Ark. Code Ann. Section 28-25-104).

  6. 6

    The will itself does not need a notary. Execution requires the testator's signature and two witnesses, not notarization; a notary, or another officer who can administer oaths, is used only for the optional self-proving affidavit of attesting witness.

  7. 7

    To make a will in Arkansas you must be at least 18 years old and of sound mind (Ark. Code Ann. Section 28-25-101). You can revoke a will with a later will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke; divorce automatically revokes provisions favoring a former spouse (Ark. Code Ann. Section 28-25-109).

Key decisions before you file

Before you file a Last Will and Testament in Arkansas, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

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ARKANSAS LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Arkansas, being of sound mind and at least 18 years of age, declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have made.

  2. EXECUTOR (PERSONAL REPRESENTATIVE) APPOINTMENT I appoint [EXECUTOR NAME] of [CITY], Arkansas, as executor (personal representative) of my estate. If that person cannot or will not serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor executor.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests: describe each item or amount of property and the beneficiary who receives it.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate to [RESIDUARY BENEFICIARY NAME]. If that beneficiary does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE I sign my name to this Will on [DATE] at [CITY], Arkansas, and declare to the two witnesses below that this instrument is my Last Will and Testament. Arkansas requires the signatures of the testator and at least two witnesses for a will other than a holographic one, signing at the testator's request and in the testator's presence (Ark. Code Ann. Section 28-25-103; confirm current text before relying on this count). A beneficiary should not serve as a witness: an interested witness does not void the will, but forfeits any gift exceeding what they would have received without a will, unless two other disinterested witnesses also sign (Ark. Code Ann. Section 28-25-102).

[TESTATOR NAME], Testator

The foregoing instrument was signed by the testator in our presence and declared to be the testator's Last Will and Testament, and we, at the testator's request and in the presence of each other, have signed our names as witnesses.

Witness 1 Signature Witness 2 Signature

Print Name: [WITNESS 1 NAME] Print Name: [WITNESS 2 NAME] Address: [WITNESS 1 ADDRESS] Address: [WITNESS 2 ADDRESS]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Arkansas recognizes an affidavit of attesting witness under Ark. Code Ann. Section 28-25-106. Each witness may swear before a notary public or other officer authorized to administer oaths that they witnessed the testator sign this Will, so it can be admitted to probate without either witness appearing in court.

State of Arkansas, County of [COUNTY]. We, the undersigned witnesses, being first duly sworn, state that the testator signed this Will in our presence and requested that we sign as witnesses, which we did in the testator's presence and in the presence of each other.

Witness 1 Witness 2

Subscribed and sworn to before me on [DATE].

Notary Public, State of Arkansas My commission expires: [DATE]

Note: Governing law is Ark. Code Ann. Sections 28-25-101 to 28-25-111. Arkansas also recognizes a holographic will, entirely in the testator's own handwriting, with no attesting witnesses required at signing, though at least three disinterested witnesses to the handwriting are generally needed to admit it to probate (Ark. Code Ann. Section 28-25-104). Do not let a beneficiary serve as a witness. This is an Arkansas skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Arkansas in about a minute, and notarize it online through DocDraft if it does.

Arkansas Requirements for Last Will and Testament

Sign With Two Witnesses

A non-holographic Arkansas will requires the signature of the testator and at least two witnesses, who sign at the testator's request and in the testator's presence (Ark. Code Ann. Section 28-25-103).

Avoid Using an Interested Witness

Arkansas does not void a will because an interested witness, meaning one who is also a beneficiary, signed it, but that witness forfeits the part of their gift exceeding what they would have received without a will, unless two other disinterested witnesses also attest (Ark. Code Ann. Section 28-25-102). Choose witnesses who are not beneficiaries to avoid this reduction.

Notary Not Required for the Will Itself

Executing an Arkansas will requires the testator's signature and two witnesses, not a notary (Ark. Code Ann. Section 28-25-103). A notary is used only if you complete the optional self-proving affidavit of attesting witness.

Complete an Affidavit of Attesting Witness

Arkansas recognizes a self-proving mechanism called the affidavit of attesting witness (Ark. Code Ann. Section 28-25-106). A witness signs it before a notary or other officer authorized to administer oaths, and in an uncontested probate it is accepted with the same effect as the witness's live testimony.

Holographic Wills Are Recognized

Arkansas recognizes a holographic will if the entire body of the will and the signature are in the testator's own handwriting (Ark. Code Ann. Section 28-25-104). No attesting witnesses are required at signing, but at least three credible disinterested witnesses to the handwriting are generally needed to establish the will in probate.

Meet the Minimum Age and Capacity Standard

You must be at least 18 years old and of sound mind to make a valid Arkansas will (Ark. Code Ann. Section 28-25-101).

Know How to Revoke Your Will

You can revoke an Arkansas will with a later will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying it with intent to revoke, done by you or by someone else in your presence and at your direction (Ark. Code Ann. Section 28-25-109). Divorce automatically revokes provisions favoring a former spouse.

Name an Executor (Personal Representative)

Name an executor, also called a personal representative, to manage and distribute your estate, and name a successor in case your first choice cannot serve. Arkansas probate practice looks to this Will to identify who the testator wants appointed.

Does your Last Will and Testament need to be notarized in Arkansas?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

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Frequently Asked Questions

Arkansas requires the signatures of the testator and at least two witnesses for a will other than a holographic one (Ark. Code Ann. Section 28-25-103). The witnesses must sign at your request and in your presence. An interested witness, meaning one who is also a beneficiary, does not void the will, but under Arkansas's purging rule that witness forfeits the part of their gift that exceeds what they would have received had you died without a will, unless two other disinterested witnesses also attest (Ark. Code Ann. Section 28-25-102).

No. Executing an Arkansas will requires the testator's signature and at least two witnesses, not a notary (Ark. Code Ann. Section 28-25-103). A notary, or another officer authorized to administer oaths, is used only if you also complete the optional self-proving affidavit of attesting witness (Ark. Code Ann. Section 28-25-106), which lets the will be admitted to probate without live witness testimony.

Yes. Arkansas recognizes holographic wills if the entire body of the will and the signature are in the testator's own handwriting (Ark. Code Ann. Section 28-25-104). No attesting witnesses are required when you sign a holographic will, but to admit it to probate you generally need at least three credible disinterested witnesses who can testify to your handwriting and signature.

Write or type the will, name an executor and any guardian for minor children, and state how your property should be distributed. Sign it at the end of the document in the presence of at least two witnesses, who then sign in your presence and at your request (Ark. Code Ann. Section 28-25-103). You may also complete the optional self-proving affidavit before a notary.

A valid Arkansas will requires a testator who is at least 18 and of sound mind (Ark. Code Ann. Section 28-25-101), a written instrument signed at its end by the testator, and the signatures of at least two witnesses who sign at the testator's request and in the testator's presence (Ark. Code Ann. Section 28-25-103), unless the will qualifies as a holographic will.

It is an affidavit of attesting witness that a witness signs before a notary or other officer authorized to administer oaths, stating the facts the witness would otherwise have to testify to in an uncontested probate proceeding (Ark. Code Ann. Section 28-25-106). It is written on the will or securely attached to it and lets the court accept the will without the witness appearing in person.

You must be at least 18 years old and of sound mind to make a valid will in Arkansas (Ark. Code Ann. Section 28-25-101).

You can revoke an Arkansas will with a later will that revokes it expressly or by inconsistency, or by burning, tearing, canceling, obliterating, or destroying the will with the intent to revoke it, done by you or by someone else in your presence and at your direction (Ark. Code Ann. Section 28-25-109). Getting divorced automatically revokes any provisions in the will favoring your former spouse.